Recyclebank.com Membership Agreement

Effective Date: January 4, 2016

1. Acceptance of the Terms and Conditions.

Welcome to the Recyclebank website (the “Site”). Any use of this Site is subject to the terms and conditions contained in this Membership Agreement (the “Agreement”). You agree and acknowledge that you reside in the United States. You are entering into this Agreement with RecycleRewards, Inc. and its wholly owned subsidiary, Recyclebank, LLC (such entities herein collectively referred to as the “Recyclebank,” “we,” “us” or “our”). Please read this Agreement carefully. By accessing, browsing, contributing to or using this Site, or earning or redeeming points, or engaging with www.OneTwine.com, an affiliated ecommerce website owned and operated by Recyclebank (“One Twine”), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, or if you are under the age of thirteen (13) you shall not access, browse, contribute to, or otherwise use the Site. To access, use and transact on One Twine as a Member, you acknowledge you are at least eighteen (18) years of age in accordance with the One Twine Terms of Use. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Membership Agreement” link on the Site. The revised Membership Agreement will become effective immediately at the time of posting. We will try to inform you when there are updates to the Agreement, either through the “Membership Agreement” link on the Site or by other electronic means such as at the time of login or through an e-mail communication. Any use of the Site and/or One Twine, or the earning or redeeming of points, after such posting of the revised Agreement shall constitute your acceptance of such Agreement. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, contributing to, earning or redeeming points, or otherwise using the Site and/or One Twine.

2. Overview of Our Program.

Recyclebank helps create a more sustainable future by rewarding people for taking everyday green actions with discounts and deals from local and national businesses. Recyclebank’s mission is to motivate individuals and communities to realize a world in which nothing is wasted — changing how people view their role in creating a sustainable future. Recyclebank is built on the idea that environmental solutions provide economic opportunities. Our goal is to increase recycling rates, curb energy and water consumption, encourage smarter transportation choices, strengthen local economies and help people realize the financial benefits of making greener choices every day. We provide our members (“Member” or “you”) with opportunities to earn points (“Recyclebank Points”) for these everyday green actions. These Recyclebank Points can be redeemed for rewards (“Rewards”) at local and national reward partners (“Reward Partners” and/or “Marketing Partners”) in categories ranging from apparel to automotive, restaurants, sports and recreation, food and grocery, health and beauty, electronics and more as well as applied to purchases made on One Twine subject to One Twine’s Term of Use.

Members can earn Recyclebank Points through (a) Site engagement and/or (b) participation in a Home Recycling Program locally available to a Member. A “Home Recycling Program” is the Rewards Program offered in conjunction with a local community’s recycling program intended to incentivize local residents to recycle. Through the Home Recycling Program, eligible residents register with Recyclebank to become Members and through their recycling efforts earn and redeem Reward Points. A Home Recycling Program may vary depending on the community’s recycling program, such as, but not limited to, different methods of collecting recyclables or the use of an independent third party hauler. All terms and conditions provided by the local community and/or the hauler are applicable regarding the recycling program and have no effect on this Agreement. Recyclebank is not responsible for any recycling program provided locally to any Member. Member inquiries regarding the local recycling program should not be directed to Recyclebank but rather to the designated community office or the hauler, as designated within the specific terms and conditions of that community’s recycling program.

3. Administration of Account.

3.1 Registering for Membership. To become a Member, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to promptly update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole and absolute discretion, suspend or terminate your membership, revoke accrued Recyclebank Points and/or Reward orders, cancel purchases conducted on One Twine, and refuse current or future access to our Site, One Twine and/or any of our programs. You are responsible for all activities occurring under your account (“Account”) and for keeping your username and password private and secure. You shall provide Recyclebank with prompt notice in the event you suspect that your Account may have been compromised. Recyclebank reserves the right to modify, suspend, or discontinue the Site, One Twine and/or any of the programs available through our Site and/or One Twine with or without notice at any time. Corrections, updates or deletions to your account information can be done by you by visiting the “Account” section of the Site.

3.2 Accounts in Good Standing. In order for your Account to be in Good Standing it means that you (i) have registered and have accepted the terms of this Agreement and the Privacy Policy (https://www.recyclebank.com/about-us/privacy), (ii) have not terminated your Account, (iii) if applicable, have complied with all terms and conditions relating to the Home Recycling Program, the One Twine Terms of Use pertaining to your access and use of One Twine and and all other terms and conditions relating to any other earn opportunities that you participate in, (iv) have not been determined by Recyclebank to have engaged in practices deliberately conducted in an attempt to accrue and/or redeem Recyclebank Points in any way that is not consistent with this Agreement or the intent of the Rewards Program, and (v) are not otherwise in default under this Agreement. In order to redeem your accrued Recyclebank Points your Account must be in Good Standing. If your Account ceases to be in Good Standing (other than for actions pursuant to Section 4.2 hereof), all the Recyclebank Points in your Account will terminate and you will forfeit all accrued Recyclebank Points. To ensure fulfillment and delivery of ordered Rewards and/or purchases through One Twine, you are required to maintain all your account information current in accordance with Section 3.1. Recyclebank will not be responsible for any Rewards or purchases it has not been able to fulfill due to incorrect, incomplete, inaccurate or outdated Member Account information.

3.3 Improper Accounts. You may not have more than one (1) Recyclebank account. Without limiting the generality of the foregoing, you expressly agree that you may not use different e-mail addresses to register for more than one (1) Recyclebank account. If it is determined that more than one Account has been created for the same individual and/or that any improper information has been entered on such Accounts, all Accounts affiliated with that individual, all Recyclebank Points accrued for that individual, and any orders placed for that individual will be immediately cancelled and invalidated. Recyclebank reserves the right to prosecute, to the fullest extent allowed by law, any individual(s) that creates such improper Accounts. In addition to criminal proceedings, Recyclebank also reserves the right to seek restitution for the full value of any Rewards acquired and/or One Twine purchases through improper means as well as legal fees and other costs associated with such action. Without limiting the foregoing, a member of the Home Recycling Program that has more than one home (e.g. primary residence and vacation home) may have more than one (1) Account as long as and only to the extent each Account is linked to a separate home address. This exception is limited to two (2) Accounts.

3.4 Closing/Reinstating an Account. To close a Recyclebank account, you may deactivate your account by visiting the “Settings” section of the Site using your login credentials to access your account. If you require assistance closing your account, you, the Account holder, must contact Recyclebank with the request. Such requests shall only be honored if it comes directly from the Account holder of record. You may contact the Recyclebank Customer Care Department (See Section 3.6 for further information). The rules applicable to an active Account will apply to any Recyclebank Points you have earned before the Account was closed. All information and data relating to any closed Account will be kept by Recyclebank only for as long as necessary to fulfill its business purposes, as is legally required or as obligated by third party commitments. If the Account holder is not able to contact Recyclebank (due to incapacity, death or other reasons), the request to close the Account may be submitted to Recyclebank by a third party with pertinent documentation supporting the request which Recyclebank shall review and determine in its sole and absolute discretion. If a former Member who has terminated his/her Account wishes to re-instate the Account, it may take up to sixty (60) days from the date reinstatement was requested for reinstatement to become effective. During this period, Recyclebank shall not be deemed responsible for any fines and/or penalties directly incurred by the Member during the time period in which his or her Recyclebank Account was not active.

3.5 Audit. Recyclebank reserves the right to (a) audit the Account at any time for compliance with this Agreement, without notice to you, and (b) to change accrued Recyclebank Points totals without notification if such audit reveals errors, inaccuracies or miscalculations. If you become aware of any discrepancy in your Recyclebank Points balances, accruals, redemptions or calculations, you must notify Recyclebank promptly, but in no event more than thirty (30) days after the Account balance of a transaction occurs. If you participate in the Home Recycling Program, any inquiries regarding a discrepancy in your Recyclebank Points balances, accruals, redemptions or calculations shall be extended to sixty (60) days. Otherwise, the Recyclebank Points calculations will be deemed accurate and the Member waives any claim for further adjustment or adjudication.

3.6 Member Questions. Members may contact Recyclebank’s Customer Care Department with questions regarding their Recyclebank Accounts. The Customer Care Department can be reached via e-mail at info@recyclebank.com or via telephone at 888-727-2978. Recyclebank attempts to respond to all Member inquiries within forty-eight (48) hours, excluding weekends and national holidays. Member inquiry support is strictly limited to the Member.

3.7 Recyclebank Communications with Participants. Recyclebank reserves the right to send specific administrative notices that are required by law, regulation, or as needed to service your account, even if you have opted out of receiving marketing messages. Recyclebank reserves the right to send specific notices about your program activity if you have engaged with specific programs, tools or applications from Recyclebank (e.g., Point earning alerts, purchases through One Twine). You may choose to allow Recyclebank to send you marketing messages about products, special offers and services offered by Recyclebank or third parties. If you do not wish to receive specific program notices or marketing messages, you may opt-out by clicking the unsubscribe link within a promotional email.

4. Recyclebank Points and Rewards.

4.1 Eligibility. Eligibility to earn and accrue Recyclebank Points and use accrued Recyclebank Points on One Twine for purchases is restricted to Accounts in Good Standing.

4.2 Rights Reserved. Recyclebank may (i) change the amount of Recyclebank Points in any Account as a result of the Account holder’s failure to comply with the requirements in Section 7 hereof, (ii) change the number of Recyclebank Points required to redeem a Reward, contribute to a One Twine purchase(s), or use for various activities (e.g. donations), (iii) change the number of Recyclebank Points that may be earned for various earn opportunities, (iv) impose limits and/or fees on Recyclebank Points earnings and/or on the redemption of Recyclebank Points, (v) change the list of Rewards and/or Rewards Partners available, (vi) change the name of the currency from Recyclebank Points, add additional currencies, determine the value of any new currency as compared to Recyclebank Points (conversion rate) or (vii) as permitted by its third party contractual obligations, cancel any of the earn opportunities, Rewards offerings or any other redemption options or program(s) without notice. Your continued use of the Site after any posted modification of this Agreement indicates your acceptance and agreement to the modification.

4.3 No Cash Value or Transfer. Recyclebank Points (i) do not constitute property of the Member, (ii) are not transferable, (iii) cannot be combined with Recyclebank Points for another Account unless specifically made available to a Member under certain conditions that are set by Recyclebank, (iv) are not redeemable for cash or any other form of currency or credit (other than as expressly provided through One Twine), (v) have no fixed or ascertainable cash value, and (vi) cannot be returned, exchanged, refunded or replaced by cash, Recyclebank Points or other Rewards, except as expressly stated in this Agreement.

4.4 Crediting Accounts. In the event that a Rewards Partner refuses to honor a Reward for any reason, other than suspicion of theft or fraud, Recyclebank’s sole obligation will be to credit the Account of the Member for the number of Recyclebank Points that were to be redeemed for the Reward. In the event of theft, repeated loss or fraud, no credit shall be given to an Account and Recyclebank reserves the right to contact appropriate law enforcement authorities. Members are required to bring to Recyclebank’s immediate attention any actual or suspected incident of theft or fraud within five (5) days from the time the Member receives a Reward(s). Recyclebank and the Reward Partners are not responsible for replacing lost, stolen, or expired Rewards but may do so in its or their sole discretion.

4.5 Receipt of Rewards. Members must promptly notify Recyclebank of (a) any discrepancy in the Rewards or (b) non-receipt of a Rewards shipment. Upon receipt of such notification, Recyclebank will investigate, and may, if appropriate (i) correct such discrepancies, or (ii) replace any non-received Reward, provided that the Member submits a properly completed Affidavit of Lost Shipment within thirty (30) days of the shipment date (if requested by Recyclebank). If Recyclebank does not receive such notification of such Affidavit within thirty (30) days, the shipment will be deemed to be satisfactory and accepted by the Member. Recyclebank is not responsible for replacement of Rewards that are not received due to failure to provide accurate delivery information, including address and full name. If a Member desires to have Recyclebank re-send Rewards returned to Recyclebank as undeliverable, administrative charges and delivery fees may apply at the discretion of Recyclebank. Retail and/or manufacturer terms and conditions may apply to certain Rewards and are deemed separate and distinct from this Membership Agreement.

4.6 Taxes. The Member is responsible for any fees, taxes and charges for any personal or corporate state, federal, provincial or other tax liabilities, if any, related to the Member’s participation in any of the programs offered through the Site.

5. Advertisements, Third Party Content and External Links.

5.1 Third Party Content. Some information made available on or through the Site is provided by third parties such as our Reward Partners, Marketing Partners or news services or sponsors (“Third Party Content”). The inclusion or appearance of Third-Party Content on the Site does not indicate any approval or endorsement by Recyclebank of such Third-Party Content. Recyclebank is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third Party Content.

5.2 Recyclebank Ecosystem. The Recyclebank Ecosystem rewards people for taking smarter, greener actions throughout their everyday lives in a way that helps them take steps towards living more sustainably. The program offers Reward Points for Members who engage with web sites and organizations that fit with Recyclebank’s mission. The more engaged and the more green actions a member takes on these websites and organizations, the more Reward Points Members can earn. Because Recyclebank has partnered with other businesses, we may track your activity on these partner web sites in order to properly validate member activity, distribute points, and make recommendations.

5.3 External Sites. The Site contains links to third-party web sites, including, without limitation, third party web sites participating in our Recyclebank Ecosystem initiative or social network websites (each such third party site, an “External Site”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you but you should be aware that Recyclebank does not control the content and/or policies of these External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding any content and/or services available on the External Sites. You acknowledge and agree that Recyclebank is not liable for any loss or damage which may be incurred by you as a result of the availability of those External Sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Site and/or third party resources. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Recyclebank will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.

6. Member Content.

In using the Site, you may have the opportunity to post and/or share certain content, text, pictures, profile information, visual or audio data (collectively referred to as the “Member Content”). You hereby grant to Recyclebank and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute, create derivative works based on, perform and/or display such Member Content (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Member Content (and you waive your moral rights in the same). You also agree to permit Recyclebank, Members and other web site visitors to access, display, view, store and reproduce such Member Content for personal use. You acknowledge that to the extent that you include personally identifiable information in your Member Content, we may republish such information.

Although Recyclebank has no obligation to monitor the Member Content, you acknowledge and agree that we may do one or all of the following: (i) monitor the Member Content; (ii) alter, edit, or remove any Member Content in whole or in part; (iii) refuse to accept, post, display or transmit any Member Content; or (iv) disclose any Member Content, including but not limited to disclosing Member Content to law enforcement authorities in connection with the investigation of a possible violation of this Agreement.

The posting of Member Content on the Site by Members does not indicate any approval or endorsement by Recyclebank of such Member Content. Recyclebank is not responsible for, and hereby disclaims any and all liability that may arise from the Member Content posted by you and/or any other Member.

7. Proper Use.

You agree that you are responsible for your own use of the Site, for any Member Content you provide, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable laws, rules and regulations. Recyclebank reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site. Without limiting the foregoing, in using the Site, you agree NOT to:

Post any private information or otherwise harvest, collect or disclose information, about another Member or any other person without his or her express consent;

Post any content to the Site that in unlawful, racist, hateful, libelous, pornographic, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;

Post any content to the Site that infringes any third party’s intellectual property or other rights;

Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability;Use the Site for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;

Impersonate any person or entity, including any Recyclebank employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;

Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with anyone else’s use of the Site;

Imply that Recyclebank endorses any of your statements or positions;

Take any action that imposes an unreasonable burden on the Site’s server;

Use the Site for promotional or commercial purposes;

Use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site,

Record, process or mine information about other Members or attempt to gain unauthorized access to the Site or other Member accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively “Viruses”); use any device, software or routine that interferes with the proper working of the Site; or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Site;

Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Site; and/or

Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Site or the content of others (including other Members)

Delete or alter any material posted by any other person or entity.

Take any other action or fail to take any action that results in any improper use of the Site or violation of this Agreement, as determined by Recyclebank in its sole discretion.

8. Intellectual Property.

8.1 Recyclebank Content. You acknowledge and agree that Recyclebank (or Recyclebank’s licensors) own all legal right, title and interest in and to the Site and, except with respect to the Member Content, all content, photographs, graphics, video and audio content available through the Site (collectively referred to as the “Content”). You may access and download Content for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded Content will be permitted without the express permission of Recyclebank and the copyright owner.

8.2 Trademarks. The trademarks, service marks, and logos of Recyclebank (the “Recyclebank Trademarks”) used and displayed on this Site and One Twine are registered and unregistered trademarks or service marks of Recyclebank. Other company, product, and service names located on the Site may be trademarks, logos or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Recyclebank Trademarks, the “Trademarks”). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Recyclebank specific for each such use. The Trademarks may not be used to disparage Recyclebank or the applicable third-party, Recyclebank’s or third-party’s products or services, or in any manner (in Recyclebank’s sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Recyclebank approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Recyclebank Trademark shall inure to Recyclebank’s benefit.

8.3 Member Content. Recyclebank claims no ownership or control over any Member Content that you post or display on or through Site. You or a third party licensor, as appropriate, retain all rights in and to any Member Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate.

You represent and warrant to Recyclebank that (i) you have full power and authority to enter into this Agreement; (ii) your Member Content submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; and (iii) your Member Content submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory.

8.4 Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site hosted by Recyclebank infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Site should be sent to Recyclebank at:

9. Privacy Policy.

To learn about our privacy policies and practices, please read our Privacy Policy ((https://www.recyclebank.com/about-us/privacy). Our Privacy Policy explains how we treat your personal information and protect your privacy, when you use our Site. By using the Site, you consent to the terms of our Privacy Policy. If you are accessing and using One Twine as a Member, the Terms of Use and One Twine’s Privacy Policy also are applicable.

10. Disclaimer of Warranties.

RECYCLEBANK, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “RECYCLEBANK PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, THE MEMBER CONTENT, OR THE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. RECYCLEBANK PARTIES SHALL NOT BE RESPONSIBLE FOR OR SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE MEMBER OR FOR ANY ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK.

THE SITE IS PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE RECYCLEBANK PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE RECYCLEBANK PARTIES DO NOT WARRANT THAT THE SITE OR ITS SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND NOTIFIES YOU THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF RECYCLEBANK’S CONTROL. THE RECYCLEBANK PARTIES FURTHER DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, NO RECYCLEBANK PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

11. Limitations of Liability.

IN NO EVENT SHALL ANY RECYCLEBANK PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE RECYCLEBANK PROGRAMS OR SUCH OTHER PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A RECYCLEBANK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECYCLEBANK DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR LOSS, INJURY OR DAMAGE CAUSED BY THE ACTIONS, PRODUCTS, OR SERVICES OF ANY REWARD PARTNER, AND WILL NOT BE LIABLE OR RESPONSIBLE FOR THOSE PERFORMANCES, GUARANTEES AND REPRESENTATIONS, IF ANY, OFFERED BY POSTAL SERVICES, ANY THIRD PARTY SERVICE PROVIDER, OR ANY REWARD PARTNER. FURTHER, RECYCLEBANK IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE A MEMBER, ANY MEMBER OF A MEMBER’S HOUSEHOLD, OR ANY OTHER PERSON MAY INCUR AS A RESULT OF PARTICIPATION IN THE PROGRAMS OFFERED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE PROCESS OF COLLECTING AND MOVING MATERIALS TO RECYCLE AND USE OR MISUSE OF THE RECYCLEBANK CONTAINER OR KIOSK AS PART OF THE HOME RECYCLING PROGRAM. RECYCLEBANK’S LIABILITY FOR DAMAGES HEREUNDER, WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT, SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTION DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RECYCLEBANK PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification.

You agree to defend, indemnify, and hold harmless Recyclebank, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access, contribution to, use or misuse of the Site. Recyclebank shall provide notice to you of any such claim, suit or proceeding. Recyclebank reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Recyclebank’s defense of such matter.

13. Termination.

Recyclebank reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, One Twine or the Content, at any time and for any reason without prior notice or liability. Recyclebank reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

14. Survival.

If this Agreement is terminated, Sections 2 (Description of the Site and Submissions), 3 (Proper Use), 6 (Third-Party Content and External Links), 7 (Intellectual Property), 8 (Privacy Policy), 9 (Limit of Liability and Warranty) 10 (Indemnification) 11 (Termination of the Agreement) and 15 (General Terms) shall survive the termination of this Agreement.

15. General Terms.

This Site is administered and operated by Recyclebank from its principal offices in New York, New York and it is not intended to subject Recyclebank to the law or jurisdiction of any other country or territory. We make no claims concerning whether the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. In any event, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. If you reside within the United States, this Agreement will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the County of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Recyclebank to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Recyclebank unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Recyclebank and you, this Agreement constitutes the entire Agreement between you and Recyclebank with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

TERMS AND CONDITIONS FOR THE RECYCLEBANK REWARDS PROGRAM AND USE OF SITE IN CONJUNCTION WITH THE RECYCLEREWARDS PROGRAM

A. THE REWARDS PROGRAM

The Recyclebank Rewards Program (the “Rewards Program”) is the rewards and loyalty program of RecycleRewards, Inc. and its wholly-owned subsidiary Recyclebank, LLC (collectively “Recyclebank”) that is utilized to increase recycling rates and to promote certain consumer activities both offline and online through the distribution of Recyclebank Points (as defined below). The Rewards Program is accessible to Registered Participants (as defined below) via the Site.

The Rewards Program is offered by Recyclebank in conjunction with certain Recyclebank Reward Partners (as defined below) which may include municipalities, waste/recycling companies, manufacturers, retailers, and other third parties. When an individual enrolls in the Rewards Program by any means, directly with Recyclebank or via any Recyclebank Partner, such individual will be deemed to have acknowledged and agreed to these Terms and Conditions (as may be updated by Recyclebank from time to time). These Terms and Conditions govern both the Rewards Program and the use by Registered Participants of the portions of the Site accessible only to Registered Participants.

B. RECYCLEBANK CURBSIDE RECYCLING REWARDS PROGRAM

The following is a summary of key terms and conditions that govern the use of the Recyclebank Rewards Program by curbside recycling Account holders who participate in the program.

The full versions of all the policies, terms and conditions which govern this program and all of the Recyclebank Marketing and Rewards Programs can be accessed at www.recyclebank.com/agreements. Any capitalized terms in this document shall have the same definition as it appears in the Recyclebank policies at www.recyclebank.com/agreements.

C. SUMMARY OF KEY TERMS OF SERVICE

Recyclebank expressly reserves the right to terminate any Account at any time for behavior by the Registered Participant that it considers to be abusive, offensive or inappropriate in any way.

If a Registered Participant requests information that is covered by the Recyclebank Privacy Policy, the request (along with an explanation for the reason for the request) will be forwarded to Recyclebank Customer Care. Recyclebank reserves the right to reject any request for information by a Registered Participant that could be considered a violation of the terms of the Recyclebank Privacy Policy.

In the event that a Registered Participant or prospective Registered Participant wishes to assign Recyclebank Points to its landlord, such a request must be made along with consent by the applicable hauler/municipality as well as by Recyclebank, the landlord to whom the Recyclebank Points are to be assigned and the Registered Participant or prospective Registered Participant. Such request shall be denied be Recyclebank if any of the required parties have not consented to such assignment.

There is a monthly point cap per Participating Household, which may vary by area and may be adjusted based upon the number of paid for containers in use by the Participating Household.

Generally, the crediting of Recyclebank Points will be done within 10 days of a collection. If the data from such collection is not accessible, not readable, or otherwise inaccurate, Recyclebank reserves the right to credit the Account Recyclebank Points based upon the Registered Participant’s average weight and/or the hauler’s average weight per household for the route in question.

Online Rewards are non-refundable under any circumstances once the order for the Reward is placed.

In the event that a Registered Participant orders a gift card but claims to have not received the gift card, one additional replacement order shall be shipped to the Registered Participant. Recyclebank will not be responsible for replacing a gift card that is sent to the wrong address because a Registered Participant has not updated his or her Account information with a current address. It is the Registered Participant’s responsibility to ensure that the address on file is correct and up to date.

Any Registered Participant who calls Customer Service and declines the request to be recorded shall not be entitled to phone support. Such Registered Participants will be offered service through e-mail, or via written correspondence.

Recyclebank reserves the right to terminate a Registered Participant’s ability to use the Print from Home rewards option in its sole discretion for ANY alleged abuse of the Print from Home rewards option. Any such alleged abuse is also grounds for immediate termination of a Registered Participant’s Account.

If it is determined that more than one Account has been created at the same location and that any improper information has been entered on such Accounts, all Accounts affiliated with the Participating Household and any orders placed from that location shall be immediately cancelled. Recyclebank reserves the right to prosecute, to the fullest extent allowed by law, any individual(s) that creates such improper Accounts for the purposes of accumulating points. In addition to criminal proceedings, Recyclebank also reserves its right to seek restitution for the full value of any rewards acquired through improper means as well as legal fees and other costs associated with such action.

D. DEFINITIONS

"Account" means a record kept by Recyclebank of the Registered Participant's accrued balance of Recyclebank Points as well as account credits and debits by the Participant and any all data about the account that may be collected from the user or from third-parties. Each Account will have a unique account number assigned by Recyclebank.

"Good Standing" means the Participant (i) has registered, and accepted these Terms and Conditions, in the Rewards Program, (ii) has not terminated his/her participation in the Rewards Program, (iii) if applicable, has used the Recyclebank Container (as defined herein) only for Qualifying Recycling Transactions, (iv) has not been determined by Recyclebank to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem Recyclebank Points in any way that is not consistent with the rules or intent of the Rewards Program, , and (v) is not in default under these Terms and Conditions.

"Registered Participant" means an individual adult who has registered his/her household or organization in the Rewards Program.

"Participating Household" means all adults residing or working, as the case may be, at the same street address as the Registered Participant.

"Recyclebank Points” represent a point value awarded to the Account, for Qualifying Recycling and other Reward Earning Transactions, including credit card transactions and other Marketing Partner transactions (as defined below) which may be redeemed by a Registered Participant or any authorized member of the Participating Household for Rewards so long as the Registered Participant is in Good Standing. Recyclebank Points are, at all times, the property of Recyclebank.

"Qualifying Recycling and Reward Earning Transaction" means engaging in any specific actions offered by Recyclebank as a reward earning opportunity for which the participant receives Recyclebank Points.

"Reward(s)" are issued by Recyclebank’s Reward Partners and may be tendered to Registered Participant in the form of electronic promotion codes, offline reward mailers, goods, services or they may be transmitted through a combination of these means or in gift certificate format by the Partner or by Recyclebank. Registered Participants or authorized members of the Participating Household may receive Rewards redeeming Recyclebank Points as per the terms and conditions described at the Recyclebank website for each Reward Partner.

"Reward Partners" are entities and individuals that provide and/or honor Rewards. The list of participating Reward Partners is subject to change at any time, and specific Rewards are not guaranteed to be available at all times. Reward Partners are not agents, employees, contractors, partners, or subcontractors of Recyclebank and the Rewards offered are subject to change from time to time at the discretion of the Reward Partner and/or Recyclebank. Participation by any Reward Partner should not be taken as an endorsement, either express or implied, of the Rewards Partner or its products or services by any of the participating municipalities, haulers, material recycling facilities or Recyclebank.

E. ACCRUING RECYCLEBANK POINTS

To register for the Recyclebank Rewards Programs, an individual must enroll to activate by visiting this Site or a Recyclebank partner site and following the instructions for activating an Account, by receiving an e-mail with specific instructions to activate your Account, or by calling Recyclebank's Customer Care Department.

Eligibility to accrue additional Recyclebank Points. If the Account ceases to be in Good Standing , the Program ceases to be available in Participant’s area or where the Participant voluntarily terminates participation in the recycling program, moves from the municipality's or hauler's service area or outside the operating confines of the Rewards Program or voluntarily cancels participation in other Programs with other Marketing partners, Recyclebank has the right to expire and forfeit all of Participant’s accrued Recyclebank Points at any time beginning from the date the Account is deemed closed. Recyclebank may elect to extend an optional grace period to a Participant of a closed Account of up to twelve (12) months following the date of Account closure in Recyclebank’s sole and absolute discretion. If an Account ceases to be in Good Standing as a result of a violation Paragraph 2 (iv) herein ( a Participant been determined by Recyclebank to have engaged in any practices deliberately conducted in an attempt to accrue and/or redeem Recyclebank Points in any way that is not consistent with the rules or intent of the Rewards Program) Recyclebank shall, in its sole discretion, have the right to immediately terminate the account and invalidate all Rewards Points accrued in that Account and any affiliated Accounts immediately.

Valid Recyclebank Points may be used by Registered Participants for various redemption options that may be made available by Recyclebank. Qualification for a given redemption option is subject to specific conditions that are set in the sole discretion of Recyclebank. Such conditions may be adjusted by Recyclebank at any time.

Recyclebank Points can be redeemed for Rewards as discussed in the next section of these Terms and Conditions. Alternatively, Recyclebank may permit the Registered Participant and authorized members of the Participating Household to contribute accrued Recyclebank Points to specified charitable organizations or to transfer Recyclebank Points to other Accounts. Details for any such contribution or transfer programs are available at the Recyclebank website at www.recyclebank.com. Please note the contribution of Points to a charitable organization is not tax deductible.

Recyclebank Points do not constitute property of the Registered Participant or the Participating Household; are not transferable; cannot be combined with Recyclebank Points from another Account unless specifically made available to a Registered Participant under certain conditions that are set by Recyclebank; are not redeemable for cash or any other form of currency or credit; and have no fixed or ascertainable cash value.

F. REDEEMING RECYCLEBANK POINTS FOR REWARDS

Provided that the Account is in Good Standing, the Registered Participant and any authorized member of the Participating Household may redeem Recyclebank Points for Rewards either through the Site or by calling Recyclebank at 1-888-727-2978. Rewards redeemed through the call center may be subject to alternative redemption pricing than otherwise promoted on Recyclebank.com for online redemptions. To access information about a particular Account and/or redeem Recyclebank Points, the Registered Participant or other authorized member of the Participating Household must have the Account number and (if accessing the Account via the Site) the password or PIN and email address provided by the Registered Participant. For purposes of redemption of Recyclebank Points, Recyclebank will consider any person who possesses the information necessary to access Account information to be an authorized member of the Participating Household.

Rewards (and, if applicable, their use) are subject to (i) availability, (ii) terms and conditions specified by the Reward Partners and/or as listed on the actual Rewards, including expiration dates, and (iii) may be subject to change at any time.

Recyclebank shall determine the total number of Recyclebank Points that each Participating Household must redeem to obtain a Reward. Some offers may be a onetime offer per household. Offers vary from time to time and availability may be highly limited.

Reward Partners or Recyclebank may, in their sole discretion, choose to offer Rewards to select groups or individual Registered Participants or Participating Households. There may be instances where a Registered Participant or Participating Household is asked for certain information in order to redeem a reward with a certain Reward Partner. If a Registered Participant or Participating Household declines to answer a request for such information, it may forfeit its ability to receive a particular reward.

In the event a Rewards Partner refuses to honor a Reward for any reason other than suspicion of theft or fraud, Recyclebank's sole obligation will be to credit the Account of the Registered Participant or Participating Household for the number of Recyclebank Points that were to be redeemed for the Reward. In the event of theft, repeated loss or fraud, no credit shall be given to an Account and Recyclebank reserves the right to contact appropriate law enforcement authorities.

Recyclebank and Recyclebank’s Partners are not responsible for replacing lost, stolen, or expired Rewards but may do so in its or their sole discretion.

Except as expressly stated in these Terms and Conditions, Rewards cannot be returned, exchanged, refunded or replaced by cash, Recyclebank Points or other Rewards.

Recyclebank is not responsible for replacement of Rewards that are not received due to failure to provide accurate delivery information, including address and full name. If a Registered Participant desires to have Recyclebank re-send rewards returned to Recyclebank as undeliverable, an administrative charges and delivery fees may apply at the discretion of Recyclebank.

Registered Participants must promptly notify Recyclebank of (a) any discrepancy in the Rewards; or (b) non-receipt of Rewards shipment. Upon receipt of such notification, Recyclebank will investigate, and may, if appropriate (i) correct such discrepancies; or (ii) replace any non-received Reward, provided that the Registered Participant submits a properly completed Affidavit of Lost Shipment within thirty (30) days of the shipment date (if requested by Recyclebank). If Recyclebank does not receive such notification or such Affidavit within thirty (30) days, the shipment will be deemed to be satisfactory and accepted by the Registered Participant.

G. USE OF THE SITE GENERALLY

You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account, including any content (e.g., text, pictures, profile information) you submit or communicate to Recyclebank or others (including other Registered Participants) or upload to the Site (collectively, “Registered Participant Content”).

In using the Site, you may be exposed to content submitted, communicated or uploaded by others (including other Registered Participants) (collectively, “Other Content”). You hereby acknowledge that such content may be offensive, indecent, inaccurate, objectionable, violate applicable law or otherwise be inappropriate. Recyclebank does not endorse any such content and takes no responsibility for such content.

Recyclebank does not undertake any obligation whatsoever to review, monitor or police any Registered Participant Content or Other Content. Nevertheless, we reserve the right to do so, including the right to investigate possible violations of these Terms and Conditions, and to block Registered Participants from the Site and refer matters to law enforcement authorities for further investigation.

By submitting, communicating or uploading Registered Participant Content, you grant Recyclebank and its licensees the irrevocable right to use such content (including modifications to such Content) for any purpose and in any media, except that Recyclebank will treat any such content that is PII in accordance with the Privacy Statement. In addition, you grant other Registered Participants and the users of any other media in which the Registered Participant Content may appear the irrevocable right to access such content in connection with their use of the Site and such other media. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Registered Participant Content.

You assume all risks associated with use of Registered Participant Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in such content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of any Registered Participant Content submitted, communicated or uploaded by you or on your behalf. You may not state or imply that such content is in any way sponsored or endorsed by Recyclebank.

Because you alone are responsible for Registered Participant Content submitted, communicated or uploaded by you or on your behalf, you may expose yourself to liability if, for example, such content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Recyclebank may or may not use Registered Participant Content in its sole discretion. For example, we may choose not to publish, or if published on the Site, to remove, Registered Participant Content if we believe it violates these Terms and Conditions. We have no obligation to retain or provide you with copies of Registered Participant Content, nor do we guarantee any confidentiality with respect to such Content except that Recyclebank will treat any content that is PII in accordance with the Privacy Statement.

Recyclebank and its licensees may display advertisements and other information adjacent to or included with Registered Participant Content on the Site and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are owned by Recyclebank or third parties. Any use of such Trademarks without Recyclebank’s express written permission is prohibited.

H. MISCELLANEOUS

Recyclebank's collection, use, sharing and protection of information about the Registered Participant and the Participating Household is subject to and governed by the terms of Recyclebank's Privacy Policy, which is incorporated into these Terms and Conditions by reference. The Privacy Policy is available on the Recyclebank website at www.recyclebank.com.

The Recyclebank Rewards Programs and these Terms and Conditions shall be governed and construed in accordance with federal law and, the laws of the State of Delaware. Any action or proceeding brought to adjudicate any dispute arising hereunder shall be brought in the state or federal courts of the County of New York, State of New York.

Recyclebank will be responsible utilizing commercially reasonable effort in accurately accounting for accrual and redemption of Recyclebank Points. Without limiting the foregoing:

Recyclebank reserves the right to (a) audit the Account at any time for compliance with these Terms and Conditions, without notice to the Participant, and (b) to change accrued Recyclebank Points totals without notification if such audit reveals errors, inaccuracies or miscalculations. If the Registered Participant becomes aware of any discrepancy in their Recyclebank Points balances, accruals, redemptions or calculations, the Registered Participant must notify Recyclebank promptly, but in no event more than thirty (30) days after the account balance of a transaction changes occurs. Otherwise, Recyclebank Points calculations will be deemed accurate and the Participant waives any claim for future adjustment or adjudication.

The Registered Participant is responsible for any fees, taxes and charges for any personal or corporate State, Federal or Provincial tax liability(ies), if any, related to their participation in any of the Programs.

All interpretations of these Terms and Conditions as well as any other rules and terms of the Programs provided are done in the sole discretion of Recyclebank.

Recyclebank may modify, delete from, or terminate these Terms and Conditions, the Programs, the Programs’ rules, processes, regulations, Reward Partners, and Rewards, and special offers at any time, with or without notice. Recyclebank may: (i) change the amount of Recyclebank Points in any Account; (ii) change the number of Recyclebank Points required to redeem a Reward; (iii) impose caps and/or fees on Recyclebank Points earnings and/or on the redemption of Points; (iv) change the list of Rewards available or the number of Recyclebank Points required to obtain a Reward; or (v) cancel any of the Programs without notice. Your continued use of the Site after any posted modification to these Terms and Conditions indicates your acceptance of the modification.

Any loss, damage, or delay in, or failure of, performance by Recyclebank shall not constitute a default under any of the Programs or give rise to any claim for any damages, except for damages that by applicable law cannot be disclaimed.

These Terms and Conditions shall be severable such that the invalidity or unenforceability of any portion or provision of the Terms and Conditions shall in no way affect the validity or enforceability of any other portion or provision. The balance of these Terms and Conditions shall be construed and enforced as if it did not contain such invalid or unenforceable portion or provision.

At any time without prior notice, Recyclebank reserves the right in its sole discretion to change the name of its currency from Recyclebank Points or to add additional currencies to the Programs. Recyclebank also reserves the right to determine the value of the any new currency as compared to Recyclebank Points (conversion rate). All current Recyclebank Points acquired by households would automatically be converted to this new currency.

These Terms and Conditions contain the entire agreement between you and Recyclebank regarding the use of the Site, and supersede any prior agreement between you and Recyclebank on such subject matter.

The failure of Recyclebank to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

The Site may include links to other websites (each, a "Third Party Site"). Recyclebank does not control or endorse any Third Party Site, and you agree that Recyclebank is not responsible for the availability or contents of such Third Party Sites.

The Site will be unavailable from time to time, whether for maintenance or other reasons. Recyclebank does not assume any responsibility for any error, omission, interruption, deletion, delay, communications line failure, theft, destruction or unauthorized access to any portion of the Site.

Recyclebank reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

I. DISCLAIMER/LIMITATION OF LIABILITY

NO STATEMENT, WHETHER ORAL OR WRITTEN, PROVIDED TO A REGISTERED PARTICIPANT OR ANY MEMBER OF A PARTICIPATING HOUSEHOLD BY RECYCLEBANK, ITS EMPLOYEES, AGENTS OR PARTNERS SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE FOREGOING, RECYCLEBANK MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIS SITE OR ANY REWARDS, PRODUCTS OR SERVICES OBTAINED THROUGH THE PROGRAMS OR FROM ANY REWARD PARTNER AND/OR PROVIDER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ANY SUCH PRODUCT OR SERVICE WILL MEET THE REGISTERED PARTICIPANT'S REQUIREMENTS, THAT ANY SUCH PRODUCT OR SERVICE WILL BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED ON AN UNINTERRUPTED BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Recyclebank does not assume responsibility or liability for injury caused by the actions, products, or services of any Rewards Partner, and will not be liable or responsible for those performances, guarantees, warranties and representations, if any, offered by the US Postal Service, any third party service provider, or any Rewards Partner.

Recyclebank is not responsible for any injury or damage a Registered Participant, any member of the Participating Household, or any other person may incur as a result of participation in the Programs, including the process of collecting and moving materials to recycle and use or misuse of the Recyclebank Container or Kiosk.

Recyclebank is not responsible if a Registered Participant or other member of a Participating Household defaces damages or otherwise renders unsuitable for redemption a Rewards gift certificate.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RECYCLEBANK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAMS OR ANY SUCH OTHER PRODUCTS OR SERVICES, EVEN IF RECYCLEBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If Recyclebank is held liable for any damages related to the Programs, the Participant's sole and exclusive remedy will be limited to providing appropriate credit in Recyclebank Points to a Registered Participant's Account. If any part of these Terms and Conditions is found to be unenforceable, the remaining portions of this Agreement will remain in full force and effect.

APPENDIX A

SUPPLEMENTAL TERMS AND CONDITIONS FOR CURBSIDE RECYCLING AND USE OF SITE IN CONJUNCTION WITH THE CURBSIDE RECYCLING

A. DESCRIPTION OF CURBSIDE RECYCLING

Members of the Recyclebank’s Curbside Recycling Program earn Recyclebank Points through curbside recycling and recycling of e-waste. In the curbside program, the members Recyclebank bin is tracked for participation each week upon pick-up. The weight of the recyclables is translated to Recyclebank Points -- which typically are redeemed for rewards, discounts, gift cards, groceries, and products.

B. PRIVACY POLICY TERMS SPECIFIC TO CURBSIDE RECYCLING

To participate in the Curbside Rewards Program, we may need to know your home address or contact address, which we receive through one of various methods such as through your waste company or your municipality or if you provide it to us voluntarily.

In order to participate in the Curbside Rewards Program, you agree that Recyclebank may record certain information about you. For example, we record household recycling habits, redemption habits, and other attributes associated with the Curbside Rewards Program

Before you begin participation in any of the Curbside Rewards Program, you will need to activate your account. You can activate an account several ways, but one option we offer utilizes a third party vendor named Veris (www.veris.info) who operates as a social security number validation service to help us authenticate your identity. We will ask you for your name and address and the last four digits of your social security number. We compare this to information that is provided to us by Veris who will supply us with the last four digits of your social security number. Your account is authenticated if the last four digits that you provide match the last four digits provided to us by Veris. We do not store the information that you provide nor do we store what is provided to us by Veris.

Recyclebank may share non-PII with municipalities and haulers without your consent. Examples of this type of information are the frequency with which members recycle and the weight or volume of the materials recycled. We will not share information about the content of the material recycled. Recyclebank may also share information about the aggregate volume or weight of material recycled and redemption habits of an aggregation of many households.

C. HOW INFORMATION IS USED

Recyclebank uses Household Recycling Data to record member participation to determine how many Recyclebank Points have been earned, and to fulfill reward requests.

Recyclebank may aggregate the recycling data, and other member actions as well as the member redemption data from Recyclebank participants. Recyclebank may also disclose the aggregate information to third parties. This aggregate information does not contain any PII.

Recyclebank may use member program data and PII to send relevant offers or allow affiliates to send relevant offers and information that may be of interest to specific Recyclebank members.

D. TERMS AND CONDITIONS SPECIFIC TO CURBSIDE RECYCLING

Definitions specific to Curbside Recycling

"Recyclebank Container" means a Recycling Container which may be provided to the Participating Household for curbside recyclers. The Registered Participant and Participating Household agree that if provided with a Recyclebank Container, Recyclebank or its Partners or their agents will have access to the Recyclebank Container for maintenance and administration purposes.

Accruing Recyclebank Points

For curbside recyclers, unless otherwise specified by a participating municipality or hauler, such as the case where a municipality or hauler has subscribed to a Community Weight Based approach, each time the Participating Household uses the Recyclebank Container for a Qualifying Recycling transaction, the net weight of the recycled materials is recorded and identifying information is transmitted from a identification technology on the Recyclebank Container. This information is transmitted to Recyclebank which then credits Recyclebank Points to the Account. The method of calculation of Recyclebank Points will be determined by Recyclebank, in its sole discretion and is subject to change without notice. In the event of equipment failure, or failure by the hauler to pick up or weigh recycled materials, or to transmit identifying information to Recyclebank, Recyclebank may, in its sole discretion, use other means to credit an Account. If any Participating Household contaminates the recycled materials with any non-recyclable items of any kind, the Participating Household may, at Recyclebank’s sole discretion, be subject to forfeiture of Recyclebank Points or dismissal from the Rewards Program.

Monthly accrual of Recyclebank Points earned through curbside recycling is subject to a maximum or cap established by Recyclebank which can change in Recyclebank’s sole discretion at any time without notice. The current monthly accrual of Recyclebank Points is also subject to change in Recyclebank’s sole discretion at any time without notice.

Disclaimer/Limitation of Liability

Recyclebank is not responsible for actions or omissions of any municipality trash/recycling hauler or other Partner, including, without limitation to: Missed pick-ups, inaccurate measurement of net weight of recyclable materials, damage to property or incorrect billing.

APPENDIX B

TERMS AND CONDITIONS FOR THE COUPONS.COM COUPON PORTAL PROGRAM THROUGH WWW.RECYCLEBANK.COM

A. DESCRIPTION

Coupons.com Incorporated (“Coupons.com”) and Recyclebank have teamed up to supply technology which will allow Recyclebank customers to digitally receive certain Rewards via Recyclebank websites. This includes both digital and Print and Mail coupons.

B. PRIVACY POLICY TERMS SPECIFIC TO THE COUPONS.COM PORTAL PROGRAM AT WWW.RECYCLEBANK.COM

When you participate in the Coupons.com Portal Program (the “Program”), we may disclose certain personal information to Coupons.com in connection with the administration of the Program. Coupons.com does not have the right to use the personal information we provide beyond what is necessary to administer the Program. Coupons.com is contractually obligated to maintain the confidentiality and security of the personal information we provide and is restricted from using such information in any way not expressly authorized by Recyclebank.

Coupons.com is an independent company with its own privacy and security policies. Since certain information is provided by Recyclebank to Coupons.com as part of your participation in the Program, we recommend that you review their policies at www.coupons.com.

C. TERMS AND CONDITIONS SPECIFIC TO THE COUPONS.COM PROGRAM

The Coupons.com Program is administered by Coupons.com, an independent company.

RECYCLEBANK MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THE COUPONS.COM PROGRAM OR USE OF THE COUPONS.COM TECHNOLOGY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ANY SUCH PRODUCT OR SERVICE WILL MEET THE USER’S REQUIREMENTS, THAT ANY SUCH PRODUCT OR SERVICE WILL BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED ON AN UNINTERRUPTED BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Recyclebank does not assume responsibility or liability for injury caused by the actions, products, or services of Coupons.com, and will not be liable or responsible for those performances, guarantees, warranties and representations, if any, offered by Coupons.com.

Recyclebank is not responsible for any injury or damage any member or any other person may incur as a result of use of the Coupon.com Program or technology.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL RECYCLEBANK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE COUPONS.COM PROGRAMS OR TECHNOLOGY, EVEN IF RECYCLEBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Recyclebank partners with cities and brands to reward residents for helping to make their communities cleaner, greener places.